Learn the personal stories of overcriminalization victims.

U.S. v. Peter E. Clay, Todd S. Farha, Paul L. Behrens, and William L. Kale No. 8:11-cr-00115-JSM-MAP (M.D. Fla.) on the affairs of WellCare Health Plans, Inc.

Overcriminalization is a dangerous trend that NACDL battles daily. The case of Todd Farha and other executives at WellCare Health Plans, Inc., offer a case study in overcriminalization and unchecked prosecutorial discretion. Below, you will find links to important primary and secondary materials concerning this case.

Evidence Law Scholars Amicus Brief in Support of Paul L Behren's Petition for Rehearing and Rehearing En Banc to the United States Court of Appeals for the Eleventh Circuit in U.S. v. Clay (9/12/16)

Brief for Defendant-Appellant Todd Farha to the United States Court of Appeals for the Eleventh Circuit in U.S. v. Clay (9/19/14)

Brief for Defendant-Appellant Paul Behrens to the United States Court of Appeals for the Eleventh Circuit in U.S. v. Clay (9/19/14)

Overcriminalization is a dangerous trend that NACDL battles daily. With over 4,450 crimes scattered throughout the federal criminal code, and untold numbers of federal regulatory criminal provisions, our nation's addiction to criminalization backlogs our judiciary, overflows our prisons, and forces innocent individuals to plead guilty not because they actually are, but because exercising their constitutional right to a trial is prohibitively expensive and too much of a risk. This inefficient and ineffective system is, of course, a tremendous taxpayer burden.

Letter with the American Civil Liberties Union to members of the U.S. House regarding a proposed amendment to the National Defense Authorization Act (NDAA) for the next fiscal year addressing beneficial ownership reporting (Corporate Transparency Act of 2019, H.R. 2513).

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner. 

NACDL's statement to the Presidential Commission on Law Enforcement and the Administration of Justice regarding the need for more accountability and transparency in policing to effect meaningful, much-needed reforms.

The integrity of the criminal justice system relies on the guarantees made to the actors operating within it. For the accused, the guarantee of fair process includes not only the right to put on a defense, but to put on a complete defense. The U.S. Supreme Court recognized the importance of this guarantee over 50 years ago, in Brady v. Maryland, when it declared that failure to disclose favorable information violates the constitution when that information is material. This guarantee, however, is frequently unmet. [Released November 2014]

The Supreme Court’s decision in Skilling v. United States fundamentally altered the landscape of 18 U.S.C. § 1346 honest services fraud and public corruption prosecutions. Cases and clients at every stage of the criminal adjudication process are affected by the Skilling decision and the uncertain state of law. Meanwhile, the Department of Justice and other organizations are lobbying for a Skilling-fix. NACDL opposes such a fix and any attempts to restore a limitless honest service fraud statute.

The Supreme Court’s decision in Skilling v. United States fundamentally altered the landscape of 18 U.S.C. § 1346 honest services fraud prosecutions. Cases and clients at every stage of the criminal adjudication process are affected by the Skilling decision and the uncertain state of law. Meanwhile, the Department of Justice and other organizations are lobbying for a Skilling-fix. NACDL opposes such a fix and any attempts to restore a limitless honest service fraud statute. This page recounts the Supreme Court's review of the Skilling case.

Letter to the Senate and House Judiciary Committees regarding the increased overcriminalization, enforcement, and surveillance of already-marginalized communities under pandemic protocols.

The Fourth Amendment has entered the digital age. New surveillance technologies and programs — from GPS tracking devices to automated license plate readers to bulk data collection — have upended traditional law enforcement practices and created new challenges for defense lawyers. This report offers an overview of this symposium and the substantive areas of concern related to new technological and legal changes that impact Fourth Amendment protections in criminal cases. [Released June 2016]

Presented by Dr. David Wohl, Professor of Medicine in the Division of Infectious Diseases at the University of North Carolina; and Stephen Scarborough, criminal defense attorney, Atlanta, GA

Supported by Grant No. 2013-MU-BX-K014 awarded by the Bureau of Justice Assistance